South Dakota Codified Laws
Title 20 - Personal Rights and Obligations

Section 20-2-3 - Strict interpretation of condition involving forfeiture. - 20-2-3. Strict interpretation of condition involving forfeiture. A condition involving...

Section 20-2-4 - Kinds and definition of conditions. - 20-2-4. Kinds and definition of conditions. Conditions may be precedent,...

Section 20-2-5 - Fulfillment of conditions before requiring performance. - 20-2-5. Fulfillment of conditions before requiring performance. Before any party...

Section 20-2-6 - Performance of conditions waived by notice of nonperformance by other party. - 20-2-6. Performance of conditions waived by notice of nonperformance by...

Chapter 03 - Alternative Obligations

Section 20-3-1 - Alternative obligation defined--Right of selection. - 20-3-1. Alternative obligation defined--Right of selection. An obligation which requires...

Section 20-3-2 - Unlawful or impossible alternative disregarded. - 20-3-2. Unlawful or impossible alternative disregarded. If one of the...

Section 20-3-3 - Selection of alternative in entirety. - 20-3-3. Selection of alternative in entirety. The party having the...

Section 20-3-4 - Selection of alternative if not exercised by party having right. - 20-3-4. Selection of alternative if not exercised by party having...

Chapter 04 - Performance Of Obligations

Section 20-4-1 - Obligation extinguished by full performance. - 20-4-1. Obligation extinguished by full performance. Full performance of an...

Section 20-4-2 - Joint obligation extinguished by performance by one person. - 20-4-2. Joint obligation extinguished by performance by one person. Performance...

Section 20-4-3 - Joint right extinguished by performance to one person--Deposit excepted. - 20-4-3. Joint right extinguished by performance to one person--Deposit excepted....

Section 20-4-4 - Obligation extinguished by performance in manner directed by creditor. - 20-4-4. Obligation extinguished by performance in manner directed by creditor....

Section 20-4-5 - Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception. - 20-4-5. Indivisible obligation partially extinguished by partial performance if benefit...

Section 20-4-6 - Performance applicable to two or more obligations. - 20-4-6. Performance applicable to two or more obligations. Where a...

Section 20-4-7 - Performance applied according to debtor's intent. - 20-4-7. Performance applied according to debtor's intent. If, at the...

Section 20-4-8 - Application of performance according to creditor's selection--Application to rights held individually and as trustee--Rescission of application made by creditor. - 20-4-8. Application of performance according to creditor's selection--Application to rights...

Section 20-4-9 - Application of performance in absence of selection by parties. - 20-4-9. Application of performance in absence of selection by parties....

Chapter 05 - Offer Of Performance Of Obligations

Section 20-5-1 - Obligation extinguished by offer of performance. - 20-5-1. Obligation extinguished by offer of performance. An obligation is...

Section 20-5-2 - Offer of partial performance. - 20-5-2. Offer of partial performance. An offer of partial performance...

Section 20-5-3 - Offer of performance made by or on behalf of debtor. - 20-5-3. Offer of performance made by or on behalf of...

Section 20-5-4 - Offer of performance made to creditor or authorized person. - 20-5-4. Offer of performance made to creditor or authorized person....

Section 20-5-5 - Place of offer of performance. - 20-5-5. Place of offer of performance. In the absence of...

Section 20-5-6 - Time of offer of performance. - 20-5-6. Time of offer of performance. Where an obligation fixes...

Section 20-5-7 - Delayed offer of performance with compensation for delay. - 20-5-7. Delayed offer of performance with compensation for delay. Where...

Section 20-5-8 - Good faith offer required. - 20-5-8. Good faith offer required. An offer of performance must...

Section 20-5-9 - Offer to be free from conditions. - 20-5-9. Offer to be free from conditions. An offer of...

Section 20-5-10 - Ability and willingness to perform required for offer. - 20-5-10. Ability and willingness to perform required for offer. An...

Section 20-5-11 - Tender of delivery not required until offer accepted. - 20-5-11. Tender of delivery not required until offer accepted. The...

Section 20-5-12 - Thing offered to be separable. - 20-5-12. Thing offered to be separable. A thing, when offered...

Section 20-5-13 - Conditional offer permitted. - 20-5-13. Conditional offer permitted. When a debtor is entitled to...

Section 20-5-14 - Receipt for property delivered in performance. - 20-5-14. Receipt for property delivered in performance. A debtor has...

Section 20-5-15 - Waiver by failure to state objections to mode of offer. - 20-5-15. Waiver by failure to state objections to mode of...

Section 20-5-16 - Passage of title to thing offered in performance. - 20-5-16. Passage of title to thing offered in performance. The...

Section 20-5-17 - Retention of thing offered until acceptance by creditor. - 20-5-17. Retention of thing offered until acceptance by creditor. The...

Section 20-5-18 - Interest stopped by offer of performance. - 20-5-18. Interest stopped by offer of performance. An offer of...

Section 20-5-19 - Retention by creditor of thing not accepted as performance. - 20-5-19. Retention by creditor of thing not accepted as performance....

Chapter 06 - Excuses For Want Of Performance

Section 20-6-1 - Want of performance or delay excused. - 20-6-1. Want of performance or delay excused. The want of...

Section 20-6-2 - Uncontrollable cause excusing want or delay of performance. - 20-6-2. Uncontrollable cause excusing want or delay of performance. Want...

Section 20-6-3 - Want or delay of performance excused by creditor's act inducing nonperformance. - 20-6-3. Want or delay of performance excused by creditor's act...

Section 20-6-4 - Want or delay of performance excused by creditor's act or operation of law preventing performance. - 20-6-4. Want or delay of performance excused by creditor's act...

Section 20-6-5 - Debtor entitled to benefits when performance prevented by creditor. - 20-6-5. Debtor entitled to benefits when performance prevented by creditor....

Section 20-6-6 - Debtor entitled to portion of benefits when performance prevented other than by creditor. - 20-6-6. Debtor entitled to portion of benefits when performance prevented...

Section 20-6-7 - Refusal of performance before offer equivalent to offer and refusal. - 20-6-7. Refusal of performance before offer equivalent to offer and...

Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations

Section 20-7-1 - Accord defined. - 20-7-1. Accord defined. An accord is an agreement to accept,...

Section 20-7-2 - Execution of accord required to extinguish obligation. - 20-7-2. Execution of accord required to extinguish obligation. Though the...

Section 20-7-3 - Acceptance of accord as satisfaction--Obligation extinguished. - 20-7-3. Acceptance of accord as satisfaction--Obligation extinguished. Acceptance by the...

Section 20-7-4 - Obligation extinguished by part performance accepted in writing as satisfaction. - 20-7-4. Obligation extinguished by part performance accepted in writing as...

Section 20-7-5 - Novation defined. - 20-7-5. Novation defined. Novation is the substitution by contract of...

Section 20-7-6 - Novation by substitution of obligation. - 20-7-6. Novation by substitution of obligation. Novation is made by...

Section 20-7-7 - Novation by substitution of debtor. - 20-7-7. Novation by substitution of debtor. Novation is made by...

Section 20-7-8 - Novation by substitution of creditor. - 20-7-8. Novation by substitution of creditor. Novation is made by...

Section 20-7-9 - Rescission of satisfaction by substitution of debtor. - 20-7-9. Rescission of satisfaction by substitution of debtor. When the...

Section 20-7-10 - Obligation extinguished by release on new consideration or in writing. - 20-7-10. Obligation extinguished by release on new consideration or in...

Section 20-7-11 - Unknown claims not released by general release. - 20-7-11. Unknown claims not released by general release. A general...

Section 20-7-12 - Joint debtors not released by release of one--Right of contribution. - 20-7-12. Joint debtors not released by release of one--Right of...

Chapter 08 - Restoration Of Things Improperly Obtained

Section 20-8-1 - Obligation to restore thing obtained without consent or by unlawful exaction. - 20-8-1. Obligation to restore thing obtained without consent or by...

Section 20-8-2 - Demand not required for obligation to restore--Notice of mutual mistake required. - 20-8-2. Demand not required for obligation to restore--Notice of mutual...

Chapter 09 - Liability For Torts

Section 20-9-1 - Responsibility for injury by willful act or negligence--Contributory negligence. - 20-9-1. Responsibility for injury by willful act or negligence--Contributory negligence....

Section 20-9-1.1 - Loss of chance doctrine abrogated. - 20-9-1.1.Loss of chance doctrine abrogated. The Legislature finds that in...

Section 20-9-1.2 - Other rules and principles not affected. - 20-9-1.2. Other rules and principles not affected. The Legislature intends...

Section 20-9-2 - Comparative negligence--Reduction of damages. - 20-9-2. Comparative negligence--Reduction of damages. In all actions brought to...

Section 20-9-3 - Licensed medical practitioners immune from liability for emergency care. - 20-9-3. Licensed medical practitioners immune from liability for emergency care....

Section 20-9-4 - Immunity of medical practitioner licensed in another state--Acts not deemed professional practice. - 20-9-4. Immunity of medical practitioner licensed in another state--Acts not...

Section 20-9-4.1 - Immunity from liability for emergency care--Exception. - 20-9-4.1. Immunity from liability for emergency care--Exception. No peace officer,...

Section 20-9-4.2 - Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted. - 20-9-4.2. Physician treating minor without consent of parent or guardian--Immunity...

Section 20-9-4.3 - Definition of terms. - 20-9-4.3. Definition of terms. Terms used in §§20-9-4.3 to 20-9-4.8,...

Section 20-9-4.4 - Civil immunity for emergency use or nonuse of AED. - 20-9-4.4. Civil immunity for emergency use or nonuse of AED....

Section 20-9-4.6 - AED trainer immunity. - 20-9-4.6. AED trainer immunity. Any person who provides AED training...

Section 20-9-4.8 - Immunity inapplicable in event of negligence or misconduct. - 20-9-4.8. Immunity inapplicable in event of negligence or misconduct. The...

Section 20-9-4.9 - Over-the-counter AED--Application of chapter--Immunity from civil liability--Exception. - 20-9-4.9. Over-the-counter AED--Application of chapter--Immunity from civil liability--Exception. The provisions...

Section 20-9-6 - Right to protection from bodily harm, insult, or injury to personal relations. - 20-9-6. Right to protection from bodily harm, insult, or injury...

Section 20-9-6.1 - Claim of barratry. - 20-9-6.1. Claim of barratry. Barratry is the assertion of a...

Section 20-9-7 - Abduction, enticement and seduction forbidden by rights of personal relation. - 20-9-7. Abduction, enticement and seduction forbidden by rights of personal...

Section 20-9-9 - Product's dealers and sellers immune from strict liability except for manufacturers or those who knew of defect--Other causes of action against seller not limited. - 20-9-9. Product's dealers and sellers immune from strict liability except...

Section 20-9-10 - Product's manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications. - 20-9-10. Product's manufacturer, assembler, or seller immune from strict liability...

Section 20-9-10.1 - State of the art defense in product liability actions. - 20-9-10.1. State of the art defense in product liability actions....

Section 20-9-11 - Landowners, tenants, and lessees exempt from liability for injuries on flooded land--Exceptions. - 20-9-11. Landowners, tenants, and lessees exempt from liability for injuries...

Section 20-9-11.1 - Trespasser defined. - 20-9-11.1. Trespasser defined. For the purposes of §§20-9-11.2 to 20-9-11.6,...

Section 20-9-11.2 - Person with possessory interest in land exempt from liability to trespasser--Exceptions. - 20-9-11.2. Person with possessory interest in land exempt from liability...

Section 20-9-11.3 - Person with possessory interest in land liable to trespasser for intentional injury. - 20-9-11.3. Person with possessory interest in land liable to trespasser...

Section 20-9-11.4 - Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land. - 20-9-11.4. Person with possessory interest in land liable for injury...

Section 20-9-11.5 - Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area. - 20-9-11.5. Person with possessory interest in land liable for injury...

Section 20-9-11.6 - Person with possessory interest in land liable for injury to or death of certain known trespassers. - 20-9-11.6. Person with possessory interest in land liable for injury...

Section 20-9-12 - Definition of terms. - 20-9-12. Definition of terms. Terms used in §§20-9-12 to 20-9-18,...

Section 20-9-13 - Landowner not obligated to keep land safe for outdoor recreational activity—Exception. - 20-9-13. Landowner not obligated to keep land safe for outdoor...

Section 20-9-14 - Individual on private land for outdoor recreational activity--Landowner not liable--Exceptions. - 20-9-14. Individual on private land for outdoor recreational activity--Landowner not...

Section 20-9-15 - Landowner liability for land leased to state or its political subdivisions for outdoor recreation activity. - 20-9-15. Landowner liability for land leased to state or its...

Section 20-9-16 - Landowner liability for gross negligence or injury suffered where consideration charged or law violated. - 20-9-16. Landowner liability for gross negligence or injury suffered where...

Section 20-9-16.1 - Injury or death resulting from inherent risk of an agritourism activity--Warning notice. - 20-9-16.1. Injury or death resulting from inherent risk of an...

Section 20-9-17 - Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreation or agritourism. - 20-9-17. Liability for injury to persons or property or failure...

Section 20-9-18 - Doctrine of attractive nuisance not affected. - 20-9-18. Doctrine of attractive nuisance not affected. Sections 20-9-12 to...

Section 20-9-19 - Definition of terms as to political subdivisions. - 20-9-19. Definition of terms as to political subdivisions. Terms used...

Section 20-9-20 - Political subdivisions and employees not obligated to keep land safe for entry or use--Exceptions. - 20-9-20. Political subdivisions and employees not obligated to keep land...

Section 20-9-21 - Liability of political subdivision or employees for invitational or permissive use of land. - 20-9-21. Liability of political subdivision or employees for invitational or...

Section 20-9-22 - Limits of political subdivision's liability. - 20-9-22. Limits of political subdivision's liability. Nothing in §§20-9-19 to...

Section 20-9-23 - Effect of §§20-9-19 to 20-9-23 on attractive nuisance or other legal doctrines. - 20-9-23. Effect of §§20-9-19 to 20-9-23 on attractive nuisance or...

Section 20-9-24 - Definition of terms as to state. - 20-9-24. Definition of terms as to state. Terms used in...

Section 20-9-25 - State's duty of care to keep land safe and to warn of dangers on land used for outdoor recreational purposes. - 20-9-25. State's duty of care to keep land safe and...

Section 20-9-26 - Liability of state, its agencies, and employees for invitational or permissive use of land. - 20-9-26. Liability of state, its agencies, and employees for invitational...

Section 20-9-27 - Limits of state's liability. - 20-9-27. Limits of state's liability. Nothing in §§20-9-24 to 20-9-28,...

Section 20-9-28 - Effect of §§20-9-24 to 20-9-28 on attractive nuisance or other legal doctrines. - 20-9-28. Effect of §§20-9-24 to 20-9-28 on attractive nuisance or...

Section 20-9-29 - Definitions. - 20-9-29. Definitions. Terms used in §§20-9-29 to 20-9-31, inclusive, mean:...

Section 20-9-30 - Livestock owners--Control by another person. - 20-9-30. Livestock owners--Control by another person. Any person who holds...

Section 20-9-31 - Livestock--Contract--Facilities. - 20-9-31. Livestock--Contract--Facilities. Any person who holds an ownership interest in...

Section 20-9-32 - Civil cause of action for malicious intimidation or harassment--Damages. - 20-9-32. Civil cause of action for malicious intimidation or harassment--Damages....

Section 20-9-33 - Civil liability for counterfeit lien. - 20-9-33. Civil liability for counterfeit lien. Any person who violates...

Section 20-9-34 - Civil liability for harassment by threat of fraudulent legal proceedings or liens. - 20-9-34. Civil liability for harassment by threat of fraudulent legal...

Section 20-9-35 - Civil liability for impersonating a judicial official. - 20-9-35. Civil liability for impersonating a judicial official. Any person...

Section 20-9-36 - Definitions related to asbestos claims. - 20-9-36. Definitions related to asbestos claims. Terms used in §§20-9-36...

Section 20-9-37 - Asbestos claim defined. - 20-9-37. Asbestos claim defined. For the purposes of §§20-9-36 to...

Section 20-9-38 - Successor asbestos-related liabilities defined. - 20-9-38. Successor asbestos-related liabilities defined. For the purposes of §§20-9-36...

Section 20-9-39 - Limitation on cumulative successor asbestos-related liabilities. - 20-9-39. Limitation on cumulative successor asbestos-related liabilities. The cumulative successor...

Section 20-9-40 - Limitation where transferor assumed or incurred liabilities of prior transferor. - 20-9-40. Limitation where transferor assumed or incurred liabilities of prior...

Section 20-9-41 - Total gross assets defined--Determination of fair market value. - 20-9-41. Total gross assets defined--Determination of fair market value. Any...

Section 20-9-42 - Adjustment of fair market value of total gross assets. - 20-9-42. Adjustment of fair market value of total gross assets....

Section 20-9-43 - Exclusions from limitation on cumulative successor asbestos-related liabilities. - 20-9-43. Exclusions from limitation on cumulative successor asbestos-related liabilities. The...

Section 20-9-44 - Limitation of action for personal injury or death caused by negligence of directors and officers of nonprofit fire, ambulance, or search and rescue entity or its employees and volunteers. - 20-9-44. Limitation of action for personal injury or death caused...

Section 20-9-45 - Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors. - 20-9-45. Immunity from liability for nonprofit fire, ambulance, or search...

Section 20-9-46 - Wrongful human trafficking. - 20-9-46. Wrongful human trafficking. A victim of human trafficking pursuant...

Section 20-9-47 - Definitions pertaining to fishing tournaments. - 20-9-47. Definitions pertaining to fishing tournaments. Terms used in §§20-9-47...

Section 20-9-48 - Limited liability of fishing tournament sponsors. - 20-9-48. Limited liability of fishing tournament sponsors. No fishing tournament...

Section 20-9-49 - Circumstances under which liability of fishing tournament sponsor and others not limited. - 20-9-49. Circumstances under which liability of fishing tournament sponsor and...

Section 20-9-50 - Fishing professionals and tournament sponsors liable for warranty and trespass. - 20-9-50. Fishing professionals and tournament sponsors liable for warranty and...

Section 20-9-51 - Warning sign to be posted by fishing professionals and tournament sponsors--Warning notice in contracts. - 20-9-51. Warning sign to be posted by fishing professionals and...

Section 20-9-52 - Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other communicable disease. - 20-9-52. Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other...

Section 20-9-53 - Definitions. - 20-9-53. Definitions. Terms used in §§20-9-53 to 20-9-57, inclusive, mean:...

Section 20-9-54 - Liability for riot and incitement to riot. - 20-9-54. Liability for riot and incitement to riot. In addition...

Section 20-9-55 - Jurisdiction--Evidence--Procedure. - 20-9-55. Jurisdiction--Evidence--Procedure. A person is subject to the jurisdiction of...

Section 20-9-56 - Damages for riot or incitement to riot. - 20-9-56. Damages for riot or incitement to riot. The plaintiff...

Section 20-9-57 - Riot boosting recovery fund established. - 20-9-57. Riot boosting recovery fund established. There is established in...

Chapter 10 - Liability For Deceit

Section 20-10-1 - Liability for damage caused by deceit. - 20-10-1. Liability for damage caused by deceit. One who willfully...

Section 20-10-2 - Acts constituting deceit. - 20-10-2. Acts constituting deceit. A deceit within the meaning of...

Section 20-10-3 - Fraud against public or class as fraud against individual. - 20-10-3. Fraud against public or class as fraud against individual....

Chapter 10A - Liability For Disparagement Of Agricultural Food Products

Section 20-10A-1 - Definition of terms. - 20-10A-1. Definition of terms. Terms used in this chapter mean:...

Section 20-10A-2 - Cause of action for damages. - 20-10A-2. Cause of action for damages. Any producer of perishable...

Section 20-10A-3 - Liability for damages. - 20-10A-3. Liability for damages. Any person who disparages a perishable...

Section 20-10A-4 - Limitation on actions for damages. - 20-10A-4. Limitation on actions for damages. Any civil action for...

Chapter 11 - Liability For Defamation

Section 20-11-1 - Obligation to refrain from defamation. - 20-11-1. Obligation to refrain from defamation. Every person is obligated...

Section 20-11-2 - Classes of defamation. - 20-11-2. Classes of defamation. Defamation is effected by: (1)Libel; or...

Section 20-11-3 - Libel defined. - 20-11-3. Libel defined. Libel is a false and unprivileged publication...

Section 20-11-4 - Slander defined. - 20-11-4. Slander defined. Slander is a false and unprivileged publication,...

Section 20-11-5 - Privileged communications--Malice not inferred from publication. - 20-11-5. Privileged communications--Malice not inferred from publication. A privileged communication...

Section 20-11-6 - Radio and television stations not liable if due care exercised. - 20-11-6. Radio and television stations not liable if due care...

Section 20-11-7 - Retraction notice to newspaper--Punitive damages avoided by retraction--Candidates for office. - 20-11-7. Retraction notice to newspaper--Punitive damages avoided by retraction--Candidates for...

Section 20-11-8 - Newspaper retraction as rebuttal of presumption of malice. - 20-11-8. Newspaper retraction as rebuttal of presumption of malice. The...

Chapter 11A - Powers And Obligations Of Persons Of Unsound Mind

Section 20-11A-1 - Power to contract denied person without understanding--Liabilities for necessaries. - 20-11A-1. Power to contract denied person without understanding--Liabilities for necessaries....

Section 20-11A-2 - Contract made before adjudication of incapacity subject to rescission. - 20-11A-2. Contract made before adjudication of incapacity subject to rescission....

Section 20-11A-3 - Disability after adjudication of incapacity--Testamentary power on actual restoration to capacity. - 20-11A-3. Disability after adjudication of incapacity--Testamentary power on actual restoration...

Section 20-11A-4 - Liability for torts. - 20-11A-4. Liability for torts. A person of unsound mind, of...

Section 20-11A-5 - Restriction on subjection to exemplary damages. - 20-11A-5. Restriction on subjection to exemplary damages. A person of...

Chapter 12 - Municipal And County Protection Of Human Rights

Section 20-12-4 - Authority of municipality and county to investigate discriminatory practices. - 20-12-4. Authority of municipality and county to investigate discriminatory practices....

Section 20-12-5 - Commissions on human relations authorized--Purposes and powers. - 20-12-5. Commissions on human relations authorized--Purposes and powers. To effectuate...

Section 20-12-6 - Investigating powers of local commission--Affirmative action--Power coextensive with powers of state commission. - 20-12-6. Investigating powers of local commission--Affirmative action--Power coextensive with powers...

Section 20-12-6.1 - Right to proceed in circuit court or before local commission--Notice as to right of election. - 20-12-6.1. Right to proceed in circuit court or before local...

Section 20-12-7 - Appeal from local commission. - 20-12-7. Appeal from local commission. All decisions of a commission...

Section 20-12-8 - Definition of terms. - 20-12-8. Definition of terms. Words defined in §20-13-1 shall have...

Section 20-12-9 - Transfer of complaints to state commission. - 20-12-9. Transfer of complaints to state commission. Upon the filing...

Chapter 13 - Human Rights

Section 20-13-1 - Definitions. - 20-13-1. Definitions. Terms used in this chapter mean: (1)"Commission," the...

Section 20-13-1.1 - Probable cause defined. - 20-13-1.1. Probable cause defined. For purposes of findings under this...

Section 20-13-2 - State Commission of Human Rights--Appointment of members--Terms--Vacancies--Removal. - 20-13-2. State Commission of Human Rights--Appointment of members--Terms--Vacancies--Removal. The State...

Section 20-13-2.1 - Direction and supervision of commission by Department of Labor and Regulation--Independent functions retained by commission. - 20-13-2.1. Direction and supervision of commission by Department of Labor...

Section 20-13-3 - Quorum of commission--Rules governing meetings. - 20-13-3. Quorum of commission--Rules governing meetings. A quorum shall consist...

Section 20-13-4 - Per diem and expenses of commission members. - 20-13-4. Per diem and expenses of commission members. Members shall...

Section 20-13-5 - Employment of personnel by division. - 20-13-5. Employment of personnel by division. The Division of Human...

Section 20-13-6 - Legal assistance to commission. - 20-13-6. Legal assistance to commission. The attorney general shall render...

Section 20-13-7 - Investigation and elimination of discrimination by education and conciliation. - 20-13-7. Investigation and elimination of discrimination by education and conciliation....

Section 20-13-8 - Cooperation with other agencies. - 20-13-8. Cooperation with other agencies. The Division of Human Rights...

Section 20-13-9 - Funds and grants accepted--Accounting. - 20-13-9. Funds and grants accepted--Accounting. The Division of Human Rights...

Section 20-13-10 - Unfair or discriminatory practices. - 20-13-10. Unfair or discriminatory practices. It is an unfair or...

Section 20-13-10.1 - Blind or partially blind person--Employment discrimination restricted--Civil penalty. - 20-13-10.1. Blind or partially blind person--Employment discrimination restricted--Civil penalty. No...

Section 20-13-11 - Employment agency's unfair or discriminatory practices. - 20-13-11. Employment agency's unfair or discriminatory practices. It is an...

Section 20-13-12 - Labor organization's unfair or discriminatory practices. - 20-13-12. Labor organization's unfair or discriminatory practices. It is an...

Section 20-13-13 - Employment advertising deemed unfair or discriminatory. - 20-13-13. Employment advertising deemed unfair or discriminatory. It is an...

Section 20-13-14 - Requiring security clearance not unfair or discriminatory. - 20-13-14. Requiring security clearance not unfair or discriminatory. Notwithstanding any...

Section 20-13-15 - Use of ability test by employer not unfair or discriminatory. - 20-13-15. Use of ability test by employer not unfair or...

Section 20-13-16 - Seniority and merit preferences permitted--Place of work differentials. - 20-13-16. Seniority and merit preferences permitted--Place of work differentials. Notwithstanding...

Section 20-13-17 - Sex differentiation permitted when based on seniority, job description, merit or executive training systems. - 20-13-17. Sex differentiation permitted when based on seniority, job description,...

Section 20-13-17.1 - Gender preference for hires at single-sex facility not discriminatory. - 20-13-17.1. Gender preference for hires at single-sex facility not discriminatory....

Section 20-13-18 - Qualification based on religious purpose not unfair or discriminatory. - 20-13-18. Qualification based on religious purpose not unfair or discriminatory....

Section 20-13-20 - Unfair or discriminatory housing practices by owner or agent. - 20-13-20. Unfair or discriminatory housing practices by owner or agent....

Section 20-13-20.1 - Discrimination based on familial status--"Family" defined--Application to housing accommodations. - 20-13-20.1. Discrimination based on familial status--"Family" defined--Application to housing accommodations....

Section 20-13-20.2 - Unfair or discriminatory housing practices based on familial status--Exemptions. - 20-13-20.2. Unfair or discriminatory housing practices based on familial status--Exemptions....

Section 20-13-21 - Unfair or discriminatory housing practice by financial institution or lender. - 20-13-21. Unfair or discriminatory housing practice by financial institution or...

Section 20-13-21.1 - Housing--Modifications on behalf of disabled persons unnecessary--Disabled persons not relieved of obligations. - 20-13-21.1. Housing--Modifications on behalf of disabled persons unnecessary--Disabled persons not...

Section 20-13-21.2 - Design or construction of multifamily dwellings--Access to housing units and common areas by disabled persons and wheelchairs--Prior approval of plans not required. - 20-13-21.2. Design or construction of multifamily dwellings--Access to housing units...

Section 20-13-22 - Educational institutions' unfair or discriminatory practices--Exemptions. - 20-13-22. Educational institutions' unfair or discriminatory practices--Exemptions. It is an...

Section 20-13-22.1 - Programs and activities exempt when conducted for educational, social, or recreational purposes. - 20-13-22.1. Programs and activities exempt when conducted for educational, social,...

Section 20-13-22.2 - Selection of students to participate in exempt programs permitted--Conduct of programs. - 20-13-22.2. Selection of students to participate in exempt programs permitted--Conduct...

Section 20-13-23 - Public accommodations--Unfair or discriminatory practices. - 20-13-23. Public accommodations--Unfair or discriminatory practices. It shall be an...

Section 20-13-23.1 - Right of disabled persons to equal treatment in public accommodations. - 20-13-23.1. Right of disabled persons to equal treatment in public...

Section 20-13-23.2 - Disability--Service Animal--Liability--Violation as misdemeanor. - 20-13-23.2. Disability--Service Animal--Liability--Violation as misdemeanor. Any person who is totally...

Section 20-13-23.4 - Right to keep guide dog in rented or leased residence--Violation as misdemeanor. - 20-13-23.4. Right to keep guide dog in rented or leased...

Section 20-13-23.7 - Good faith efforts made to accommodate disabled persons. - 20-13-23.7. Good faith efforts made to accommodate disabled persons. For...

Section 20-13-24 - Public services--Unfair or discriminatory practices. - 20-13-24. Public services--Unfair or discriminatory practices. It is an unfair...

Section 20-13-25 - Advertising public accommodations or services--Unfair or discriminatory practices. - 20-13-25. Advertising public accommodations or services--Unfair or discriminatory practices. It...

Section 20-13-26 - Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals. - 20-13-26. Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals....

Section 20-13-27 - Regulations for enforcement of chapter. - 20-13-27. Regulations for enforcement of chapter. The commission shall promulgate...

Section 20-13-28 - Complaints acted upon by division. - 20-13-28. Complaints acted upon by division. The Division of Human...

Section 20-13-28.1 - Dismissal of charge if investigation shows no probable cause. - 20-13-28.1. Dismissal of charge if investigation shows no probable cause....

Section 20-13-29 - Charge filed with division--Requirements--Contents--Public officials may file charge. - 20-13-29. Charge filed with division--Requirements--Contents--Public officials may file charge. Any...

Section 20-13-30 - Charge by employer or organization against employees or members. - 20-13-30. Charge by employer or organization against employees or members....

Section 20-13-31 - Time for filing charge. - 20-13-31. Time for filing charge. Any charge filed under this...

Section 20-13-32 - Service of charge--Investigation--Conference or conciliation to eliminate practice. - 20-13-32. Service of charge--Investigation--Conference or conciliation to eliminate practice. After...

Section 20-13-32.2 - Investigative materials confidential--Access to material by parties following determination. - 20-13-32.2. Investigative materials confidential--Access to material by parties following determination....

Section 20-13-34 - Notice to respondent to answer charge--Time for answer. - 20-13-34. Notice to respondent to answer charge--Time for answer. In...

Section 20-13-35 - Notice to answer charge after investigating official's report--Time for hearing--Hearing examiner--Right to transfer matter to circuit court. - 20-13-35. Notice to answer charge after investigating official's report--Time for...

Section 20-13-35.1 - Right to proceed by civil action in lieu of hearing--Forms of relief available. - 20-13-35.1. Right to proceed by civil action in lieu of...

Section 20-13-36 - Administration of oaths--Depositions. - 20-13-36. Administration of oaths--Depositions. The commission, any commissioner, or any...

Section 20-13-37 - Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony. - 20-13-37. Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony....

Section 20-13-38 - Presentation of case--Investigating official's participation limited. - 20-13-38. Presentation of case--Investigating official's participation limited. The case in...

Section 20-13-39 - Respondent's answer and appearance at hearing--Charging party's intervention. - 20-13-39. Respondent's answer and appearance at hearing--Charging party's intervention. The...

Section 20-13-40 - Amendment of charge or answer. - 20-13-40. Amendment of charge or answer. The Division of Human...

Section 20-13-41 - Proceedings on default by respondent. - 20-13-41. Proceedings on default by respondent. When a respondent has...

Section 20-13-42 - Finding of discriminatory or unfair practice--Cease and desist order--Affirmative action required. - 20-13-42. Finding of discriminatory or unfair practice--Cease and desist order--Affirmative...

Section 20-13-43 - Finding of no discriminatory or unfair practice--Dismissal of charge. - 20-13-43. Finding of no discriminatory or unfair practice--Dismissal of charge....

Section 20-13-44 - Majority of commission required for final orders. - 20-13-44. Majority of commission required for final orders. All final...

Section 20-13-45 - Procedural rules. - 20-13-45. Procedural rules. The commission shall establish rules to govern,...

Section 20-13-46 - Rules governed by general law on administrative rules. - 20-13-46. Rules governed by general law on administrative rules. All...

Section 20-13-47 - Judicial review of commission--court order for enforcement of order. - 20-13-47. Judicial review of commission--court order for enforcement of order....

Section 20-13-52 - Commission's appearance by attorney--Supervision--Exception in action against governmental agency. - 20-13-52. Commission's appearance by attorney--Supervision--Exception in action against governmental agency....

Section 20-13-54 - Broad construction of chapter. - 20-13-54. Broad construction of chapter. This chapter shall be construed...

Section 20-13-55 - Severability of provisions. - 20-13-55. Severability of provisions. If any provision of this chapter...

Section 20-13-56 - Citation of chapter. - 20-13-56. Citation of chapter. This chapter may be known and...

Chapter 15 - Accessibility Law Violations

Section 20-15-1 - Definitions. - 20-15-1 . Definitions. Terms used in this chapter mean: (1)...

Section 20-15-2 - Notice--Civil Action. - 20-15-2 . Notice--Civil Action. Prior to filing a civil action...

Section 20-15-3 - Notice--Form. - 20-15-3 . Notice--Form. A notice provided pursuant to § 20-15-2...

Section 20-15-4 - Notice--Response. - 20-15-4 . Notice--Response. Within fifteen business days after an alleged...

Section 20-15-5 - Remedy--Civil Action. - 20-15-5 . Remedy--Civil Action. If a property owner, agent, or...

Section 20-15-6 - Attorney's Fees--Exemption. - 20-15-6 . Attorney's Fees--Exemption. In a civil action filed pursuant...

Section 20-15-7 - Aggrieved Party--Attorney's Fees. - 20-15-7 . Aggrieved Party--Attorney's Fees. This section may not be...

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South Dakota Codified Laws Title 20 - Personal Rights and Obligations

South Dakota Codified Laws
Title 20 - Personal Rights and Obligations